Sithik Raja @ Sidhik v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Sithik Raja @ Sidhik,

2. Chinna Meeran,

3. Syed Basheer @ Bashir,

4. Idris Khan @ Ethirish,

5. Sirajudeen @ Shirajudeen,

6. K.Mohamed Mustaffa @ Mohamed Musthaba,

7. M.Mohammed Riyas,

8. M.Ahamed Rizwan,

9. Sulthan @ Suldhan,

10. Raja Mohamed,

11. Ajees Mohamed,

12. Mohamed Satham Hussain, 1/6

13. K.Noor Mohamed @ Noor Mohamme Kamal,

14. Iqbal @ Ekbal,

15. Imran Khan @ Emran,

16. Ajmeer Khan @ Bal Ajimer,

17. Mohammed Sabik,

18. Jahir Hussain @ Jahir Usheen,

19. Abubakkar Sithik,

20. Hakkim @ Sikkandar,

21. Alif Allah,

22. Raja Mohamed, ... Petitioners/Accused No.1 to 8 & 10 to 23 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Melavalavu Police Station, Madurai District.

Crime No. 220/2024.

... Respondent/Complainant For Petitioner : Mr.Rameshkumar.S, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 2/6

PRAYER :- For Anticipatory Bail in Crime No.220 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A8 and A10 to A23, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 115 (2), 118(1) and 133 of BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.220 of 2024 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there was a wordy quarrel that arose between two groups, the petitioners are said to have attacked the defacto complainant and his members.

3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of occurrence that it is a case and counter between the persons belonging to the same village, I am inclined to enlarge the petitioners on 3/6

anticipatory bail, with certain conditions:

5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Melur, Madurai District, on condition that the petitioners shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioners shall report before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioners shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 04/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT,

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 5/6

3. THE INSPECTOR OF POLICE, MELAVALAVU POLICE STATION, MADURAI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.DR.R.ALAGUMANI, Advocate ( SR-12282[I] dated 04/10/2024 )

ORDER

IN CRL OP(MD) No.17151 of 2024 Date :04/10/2024 RK/MMS (16/10/2024) 6P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6